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GHANA
NATIONAL COMMISSION ON CHILDREN
DECREE, 1979 (AFRCD 66)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Commission
PART II—OBJECTS OF THE COMMISSION
2. Objects of Commission.
PART III—COMPOSITION AND
MANAGEMENT OF THE COMMISSION
3. Membership of the Commission.
4. Meetings of Commission.
5. Committees of Commission.
PART IV—THE SECRETARIAT
6. Staff of Commission.
PART V—FINANCIAL PROVISIONS
7. Funds of Commission.
8. Accounts and Audit.
PART VI—MISCELLANEOUS
9. Annual Report, Etc.
10. Power of Direction of
Commissioner.
11. Interpretation.
BE IT ENACTED by the Armed Forces
Revolutionary Council as follows:—
PART I—ESTABLISHMENT OF THE
COMMISSION
Section 1—Establishment of
Commission
(1) There shall be established a
Ghana National Commission on
Children (in this Decree referred
to as "the Commission") to perform
the functions assigned to it by or
under this Decree.
(2) The Commission shall be a body
corporate with perpetual
succession and common seal and may
sue and be sued in its corporate
name.
(3) The Commission may, for and in
connection with the discharge of
its functions purchase, hold,
manage or dispose of any movable
or immovable property and may
enter into such contracts and
transactions as may be expedient.
(4) The Commission shall be placed
and remain placed under the Office
of the President of the Republic
of Ghana.
(5) Where there is any hindrance
to the acquisition by the
Commission of any property the
property may be acquired for the
Commission under the State
Property and Contracts Act, 1960
(C.A. 6) or as the case may be,
under the State Lands Act, 1962
(Act 125) and each such Act shall,
as the case may be, apply in
relation to any such acquisition
with such modifications as may be
necessary to provide for the
vesting of the property acquired
thereunder in the Commission and
for the cost of such acquisition
to be defrayed by the Commission.
PART II—OBJECTS OF THE COMMISSION
Section 2—Objects of Commission.
The objects of the Commission
shall be—
(a) to see to the general welfare
and development of children and
co-ordinate all the essential
services for children in the
country which will promote the
United Nations rights of the
child;
(b) to work hand-in-hand with the
various agencies concerned with
the implementation of policies and
programmes for children;
(c) to make proposals to
Government from time to time for
the enactment or review of
legislation in areas of children's
rights, privileges and benefits in
Ghana;
(d) to encourage and assist in
regulating the establishment of
creches, day-care centres and
homes for disabled children (when
they are deemed necessary) as well
as children's playgrounds;
(e) to encourage the establishment
of centres offering diagnostic and
welfare services to children in
all the regions to co-ordinate
their activities and to ensure the
effective use of data and research
materials from these centres;
(f) to encourage the provision of
adequate facilities and the
establishment of programmes for
the gifted child;
(g) to encourage participation by
private individuals and groups in
the promotion of any of the
objectives of the Commission; and
(h) to perform any functions as
are incidental or conducive to the
exercise by the Commission of all
or any of the foregoing functions.
PART III—COMPOSITION AND
MANAGEMENT OF THE COMMISSION
Section 3—Membership of the
Commission.
(1) The Commission shall consist
of a Chairman who is known to be
committed to the cause of children
and the following persons:—
(a) one representative each from
the—
(i)
Ministry of Foreign Affairs;
(ii) Department of Social Welfare
and Community Development;
(iii) National Youth Council;
(iv) Ghana Assembly of Women;
(v) National Council on Women and
Development;
(vi) Ghana Education Service.
(b) There shall, in addition to
the representatives from the
above-named organisations, be
twelve other members who shall be
persons with proven interest in
the welfare of children. In
selecting these other twelve
members care shall be taken to
ensure that people with proven
ability in the following
professions are included—
(i)
Medical profession preferably with
specialisation in child health;
(ii) Legal Profession;
(iii) Physical Education and
Sports.
(c) the Executive Secretary who
shall be the Secretary of the
Commission (ex officio)
(2) The Chairman and all the
members under paragraph (b) of
subsection (1) of this section
shall be appointed by the Armed
Forces Revolutionary Council upon
the recommendation of the
Commissioner responsible for
Social Welfare.
(3) Members of the Commission
shall appoint a Vice-Chairman from
amongst their number.
(4) The Chairman shall hold office
for a period of four years and
shall be eligible for
re-appointment.
(5) Members of the Commission
other than ex officio members
shall hold office for a term not
exceeding three years, but shall
be eligible for re-appointment for
another term.
(6) Members of the Commission
other than ex officio members may
at any time resign their office by
notice in writing addressed to the
Chairman.
(7) Where a member of the
Commission other than an ex
officio member, is away from Ghana
for a continuous period of six
months or is otherwise unable to
participate in the activities of
the Commission for a continuous
period of six months, the office
of such a member shall be declared
vacant at the end of such a
period.
(8) Where an ex officio member is
unable to attend meetings of the
commission or participate in its
activities the respective
organisation represented by him
may appoint another person to act
in his place.
(9) Where for any just cause, the
Commission considers that a
serving ex officio member must be
replaced, the Commission may upon
a resolution signed by not less
than two-thirds of its full
membership, including the
Chairman, make appropriate
recommendations to the
Commissioner who without prejudice
to the provisions of subsection
(2) of this section shall endorse
such recommendations if he is
satisfied that it is in the public
interest so to do.
(10 ) In the event of the
resignation, termination of
membership or death of a member
other than an ex officio member or
where the office of any such
member becomes vacant under
subsection (7) of this section, a
replacement shall be appointed in
accordance with the provisions of
subsection (2) of this section.
(11) The Commission shall pay to
members monthly allowances, in
line with prevailing rates within
the public service.
Section 4—Meetings of Commission.
(1) The Commission shall meet for
the conduct of business not less
than once every three months.
(2) At every meeting of the
Commission, the Chairman shall
preside and in his absence the
Vice-Chairman shall preside, and
in the absence of both of them a
member of the Commission appointed
by the members present from among
themselves shall preside.
(3) Questions proposed at a
meeting of the Commission shall be
determined by a simple majority of
the members present and voting and
in the event of an equality of
votes the person presiding shall
have a second or casting vote.
(4) The quorum at any meeting of
the Commission shall be ten.
(5) The Commission may at any time
co-opt any person to act as an
adviser at any meetings, but no
person so co-opted shall be
entitled to vote at such meetings.
Persons so co-opted shall be paid
appropriate allowances.
(6) The validity of any
proceedings of the Commission
shall not be affected by any
vacancy among its members or by
any defect in the appointment of
any of them.
Section 5—Committees of
Commission.
The Commission shall establish the
following specialised Committees:—
(a) Education Committee;
(b) Health and Family Welfare
Committee;
(c) Culture and Social Development
Committee;
(d) Project Planning and Finance
Committee; and
(e) Legal Committee.
PART IV—THE SECRETARIAT
Section 6—Staff of Commission.
(1) There shall be a Secretariat
which shall be the executive arm
of the Commission.
(2) The Secretariat shall have an
Executive Secretary, a Deputy
Executive Secretary and supporting
staff.
(3) The Executive Secretary shall
be the administrative Head of the
Commission and shall under the
direction and supervision of the
Commission be responsible for the
day-to-day management and
administration of the affairs of
the Commission.
(4) The Commission, acting in
consultation with the Public
Services Commission, shall be
responsible for the appointment,
promotion and discipline of the
Executive Secretary and all other
Senior Staff of the Secretariat.
(5) The Commission may request
from the Public Services
Commission, the transfer or
secondment of public officers to
the Secretariat.
(6) Public officers so transferred
or seconded may be appointed at
that point in the salary scale of
the Commission which approximates
as closely as possible to the
point in the salary scale
applicable to employees of the
Commission of a similar class,
category or description.
(7) If a public officer is
seconded to the service of the
Commission such officer shall
continue to be eligible for
consideration for promotion in the
service from which he was
seconded.
(8) If a public officer eligible
to receive on retirement a pension
is seconded to the service of the
Commission—
(a) the period during which he
serves with the Commission shall
for the purposes of computation of
his time and amount of pension
under any enactment relating to
pension for the time being
applicable to him, be deemed to be
service in a pensionable office;
and
(b) the amount of such pension
shall be calculated on the basis
of the emoluments applicable at
the time of his retirement to the
post held by him in the service
from which he was seconded.
(9) The Commission, in
consultation with the Executive
Secretary, may engage the
professional services of such
consultants and advisers as it may
deem necessary and remunerate them
accordingly.
(10) The Executive Secretary shall
subject to the directions of the
Commission, be responsible for the
appointment, promotion and
discipline of the junior staff of
the Secretariat.
PART V—FINANCIAL PROVISIONS
Section 7—Funds of Commission.
(1) The funds of the Commission
shall consist of—
(i)
moneys appropriated by the
Government for the purpose of the
Commission;
(ii) any moneys accruing to the
Commission in the course of the
performance of it functions;
(iii) any loans granted by the
Government or any banking
institution;
(iv) any grants, subsidies,
donations, gifts, bequests,
subscriptions, fees, rents,
interests, royalties, etc.
(2) All sums of money received on
account of the Commission shall be
paid into such bank or banks as
may be approved by the Commission
for the credit of the Commission's
current or deposit account, so
however, that the Commission may
invest as it deems fit, any moneys
not required for current use.
(3) No money shall be withdrawn
from the bank account of the
Commission except by cheque signed
by an officer or employee of the
Commission authorised for the
purpose by the Commission and
countersigned by the Executive
Secretary.
(4) The Commission shall receive
estimates of expenditure for each
financial year from the Executive
Secretary and shall process such
estimates and submit them to the
Government for approval through
the Commissioner.
Section 8—Accounts and Audit.
(1) The Commission shall keep
proper books of account and proper
records in relation thereto, and
the account books and records of
the Commission shall be in such
form as the Auditor-General may
approve.
(2) The books and accounts of the
Commission shall be audited
annually by the Auditor-General or
an auditor appointed by him.
(3) The Commission shall pay in
respect of such audit, fees (if
any) as the Auditor-General and
the Commission may agree or in the
case of failure to agree such fees
as the Commissioner may prescribe.
(4) It shall be the duty of the
Commission as soon as possible
after receiving the report of the
Auditor-General under this section
to forward a copy of such report
to the Commissioner who shall as
soon as practicable cause it to be
laid before the Armed Forces
Revolutionary Council.
PART VI—MISCELLANEOUS
Section 9—Annual Report, Etc.
(1) The Commission shall annually,
not later than three months after
the end of the financial year,
prepare and submit through the
Commissioner to the Government, a
report on its activities including
a statement of account during the
preceding year.
(2) The financial year of the
Commission shall be the same as
that of the Government.
Section 10—Power of Direction of
Commissioner.
The Commissioner may from time to
time by writing issue to the
Commission such directions as are
considered necessary for the
effective and efficient
functioning of the Commission and
the Commission shall be bound to
comply with such directions.
Section 11—Interpretation.
In this Decree unless the context
otherwise requires—
"COMMISSIONER" means the
Commissioner for the time being
responsible for Social Welfare.
Made this 29th day of August,
1979.
FLT. -LT. JERRY JOHN RAWLINGS
Chairman of the Armed Forces
Revolutionary Council
Date of Gazette Notification: 21st
September, 1979.
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